{"title":"Western Dualism and the Regulation of Cultural Production","authors":"F. MacMillan","doi":"10.1163/24684309-12340012","DOIUrl":"https://doi.org/10.1163/24684309-12340012","url":null,"abstract":"\u0000This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.","PeriodicalId":244320,"journal":{"name":"Brill Research Perspectives in Art and Law","volume":"94 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125975447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Normativity of Musical Works","authors":"Alessandro Arbo","doi":"10.1163/24684309-12340011","DOIUrl":"https://doi.org/10.1163/24684309-12340011","url":null,"abstract":"\u0000The cases of copyright infringement that occasionally crop up in the world of music raise many interesting questions: what do we mean when we talk about the identity of a musical work and what does such an identity involve? What in fact are the properties that make it something worth protecting and preserving? These issues are not only of legal relevance, they are central to a philosophical discipline that has seen considerable advances over the last few decades: musical ontology. Taking into account its main theoretical models, this essay argues that an understanding of the ontological status of musical works should acknowledge the irreducible ambivalence of music as an “art of the trace” and as a “performative art.” It advocates a theory of the musical work as a “social object” and, more specifically, as a sound artefact that functions aesthetically and which is based on a trace informed by a normative value. Such a normativity is further explored in relation to three primary ways of conceiving and fixing the trace: orality, notation and phonography.","PeriodicalId":244320,"journal":{"name":"Brill Research Perspectives in Art and Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128510677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law and TV Series","authors":"A. Andrzejewski, M. Salwa","doi":"10.1163/24684309-12340004","DOIUrl":"https://doi.org/10.1163/24684309-12340004","url":null,"abstract":"The aim of the article is to analyse seriality from the point of view of philosophical aesthetics. Such an approach reveals that seriality has a normative character that is often overlooked by other disciplines. Seriality is unanimously considered to be one of the most characteristic traits of contemporary popular culture, but the field where it currently comes to the foreground is TV series. They have been studied within media theory and cultural studies for quite a long time, but they have been analysed mainly in terms of their production, distribution, and consumption across various and changing social contexts. Aiming to show how philosophy may contribute to “seriality studies”, the authors follow the agenda of philosophical aesthetics and conceive of seriality as a factor which defines the structure of TV series, their aesthetic properties, as well as their modes of reception. They claim that seriality is normative as it is possible to indicate what features a television show has to have in order to be a serial show as well as the manner in which it should be watched if it is to be experienced as a serial work.","PeriodicalId":244320,"journal":{"name":"Brill Research Perspectives in Art and Law","volume":"514 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127043885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Between Ordinary and Extraordinary","authors":"A. Condello","doi":"10.1163/24684309-12340003","DOIUrl":"https://doi.org/10.1163/24684309-12340003","url":null,"abstract":"What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present book engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). I argue that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, needs.","PeriodicalId":244320,"journal":{"name":"Brill Research Perspectives in Art and Law","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130176975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
求助内容：
应助结果提醒方式：